Q&As

Where there is a decree of judicial separation, if one party died, would the surviving spouse be eligible for a widow’s pension from the deceased party’s pension? Would the surviving spouse also be eligible for the state bereavement allowance (formerly known as ‘widow’s pension’)?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 19 February 2018

Pursuant to section 17 of the Matrimonial Causes Act 1973 (MCA 1973), either party to a marriage may petition the court for a decree of Judicial separation. The court is then under a duty to inquire into the facts alleged by The petitioner, which could be any of the grounds that would justify a Divorce save that it is not necessary to prove that the marriage has irretrievably broken down, and if satisfied on the evidence provided, shall grant a decree.

The effect of a decree of judicial separation is that it is no longer obligatory for the petitioner to cohabit

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Judicial separation definition
What does Judicial separation mean?

An order of the court enabling the parties to a marriage to (lawfully) live separately although to remain married.

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